Discontinuing or settling a claim? Lawyers Beware – No. 5 Chambers

‘Thinking of discontinuing, or settling a claim? This 21-page Judgment (admonishment) provides some important guidance on the dos and don’ts, particularly the don’ts.’

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No. 5 Chambers, 19th June 2020

Source: www.no5.com

Toby Chaplin (by his mother and litigation friend, Diane Chaplin) v Ben Pistol, Allianz Insurance Plc [2020] EWHC 1543 (QB),2020 WL 03254432 – No. 5 Chambers

‘At 28, the Claimant had acquired a traumatic brain injury and been rendered tetraplegic in an accident caused by the negligent driving of the Defendant. The case came before Master Eastman in July 2019 for case management. At that stage, it was common ground between the experts in neurology for each party that the Claimant’s injuries had significantly reduced his life expectancy. However, they disagreed as to the extent of the reduction, Dr Liu for the Claimant estimating that his life expectancy to be 30-35% of normal; Professor Collin for the Defendant adopting a figure of 30-44% of normal. There were also differences in the experts’ approach to available statistics. Whilst the range of figures adopted by each expert were not far apart and it was likely that the Claimant’s care costs would by awarded by way of a PPO, it was nonetheless accepted that the difference between the parties translated to a 7-figure sum. At the CMC before Master Eastman in July 2019, the Defendant’s application for permission to rely on a report, from medical statisticians on the issue of the Claimant’s life expectancy, was dismissed on the basis that neither party’s neurology expert deferred to evidence from a statistician to assist them in determining the Claimant’s life-expectancy and such evidence would not add to their existing analysis of the available statistics. The Defendant did not appeal.’

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No. 5 Chambers, 22nd June 2020

Source: www.no5.com

Success Fee Recoverability in 1975 Act Claims: Re H [2020] EWHC 1134 (Fam) – Pallant Chambers

‘The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that this rule can have on access to justice: not only is the losing party hit with two bills rather than one, but the losing party has no direct control over the costs incurred by the successful party.’

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Pallant Chambers, 26th June 2020

Source: www.pallantchambers.co.uk

The Court of Appeal considers the consequences of failure to serve a registration order under the Lugano Convention: Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480 – Hardwicke Chambers

Posted June 26th, 2020 in appeals, bankruptcy, chambers articles, civil procedure rules, debts, news by sally

‘Oliver Hyams and Amy Held investigate the recent case of Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480.’

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Hardwicke Chambers, 23rd June 2020

Source: hardwicke.co.uk

Reasonable requirement for expert evidence – Law Society’s Gazette

Posted June 23rd, 2020 in civil procedure rules, evidence, expert witnesses, news by sally

‘Civil claims increasingly raise technical and scientific issues that require evidence from experts who can assist the court in understanding the key issues. However, the parties do not have a right to adduce expert evidence and the court’s permission will be required. Rather, the court will control the use of evidence. It will do this by restricting the use of expert evidence to that which is reasonably required to resolve the proceedings (CPR 35.1).’

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Law Society's Gazette, 22nd June 2020

Source: www.lawgazette.co.uk

Claimant loses all costs after assessment misconduct – Litigation Futures

Posted June 22nd, 2020 in civil procedure rules, costs, fees, law firms, news, sanctions, solicitors by sally

‘A claimant has lost all of his remaining entitlement to costs because of misconduct during the assessment process.’

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Litigation Futures, 19th June 2020

Source: www.litigationfutures.com

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘London Borough of Hackney v Okoro [2020] EWCA Civ 681

This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Relief from sanctions overturned for “egregious” conduct – Litigation Futures

‘A High Court judge has overturned relief from sanctions granted to a claimant in a medical negligence case, partly because of her solicitor’s “egregious” conduct.’

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Litigation Futures, 15th June 2020

Source: www.litigationfutures.com

Judicial early neutral evaluation during coronavirus, friend or foe? – No. 5 Chambers

‘Courts across the jurisdiction have struggled for years to run small claim and fast track lists efficiently in order to reduce the backlog. Coronavirus lockdown has brought this to a head, as cases are adjourned and the huge backlog is set to rise. Waiting several months, if not years, to have a case of modest value heard is contrary to the interests of justice. Memories fade, individuals cannot enforce their rights until the issue is litigated, the deserving go uncompensated, and the pressure to under-settle increases.’

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No. 5 Chambers, 1st June 2020

Source: www.no5.com

Adding Allegations to a Clinical Negligence Claim: a brief summary of Mangala Janakarajah v (1) Oxford University Hospitals NHS Trust (2) Mario Petrou [2020)] QBD (Soole J) 03/06/2020 – Parklane Plowden Chambers

‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’

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Parklane Plowden Chambers, 5th June 2020

Source: www.parklaneplowden.co.uk

Suspension of evictions extended by 2 months – St Ives Chambers

‘Despite the government’s general stance on relaxation of lockdown and the recommendations of the Housing, Communities and Local Government Select Committee, the ban on taking active steps in possession claims or seeking to enforce possession orders has been extended until 23 August. This was following advice from the Lord Chancellor and the Civil Procedure Rules Committee.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Using documents for a collateral purpose and in separate proceedings – how likely are the courts to approve your application? – St Ives Chambers

Posted June 5th, 2020 in chambers articles, civil procedure rules, disclosure, documents, news by sally

‘There will certainly be occasions where the use of documents disclosed in separate proceedings are useful to your case and it is desirable either to disclose these in the present case or to obtain advice on collateral claims, but which applications are practically viable?’

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St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

Your Appeal Fails: London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Falcon Chambers

‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’

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Falcon Chambers, 28th May 2020

Source: www.falcon-chambers.com

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Relief from sanctions: An overview and case law update – St Ives Chambers

Posted June 2nd, 2020 in case management, civil procedure rules, coronavirus, news, sanctions by sally

‘In light of the current COVID-19 pandemic, applications for relief from sanctions may become more frequent as deadlines are missed and court orders are not complied with. In three recent cases, the High Court has considered the applicable principles and provided guidance. Now, therefore, seems the ideal time to revisit the applicable principles.’

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St Ives Chambers, 21st May 2020

Source: www.stiveschambers.co.uk

Mediation: don’t panic in the pandemic, be prepared – Counsel

‘Might fear of the courts being overwhelmed by an anticipated flood of cases, after eventual emergence from lockdown, begin a trend amongst the judiciary to be more proactive in its encouragement of mediation? Colin Manning investigates.’

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Counsel, June 2020

Source: www.counselmagazine.co.uk

Should there be a trial of limitation as a preliminary issue? – Parklane Plowden Chambers

Posted June 2nd, 2020 in case management, civil procedure rules, limitations, news by sally

‘This article discusses whether to list a case for trial of “limitation” as a preliminary issue. This can be a matter of conflict between parties but, in the “age of QOCS”, can have significant benefits or repercussions for the litigants depending on the Court’s approach.’

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Parklane Plowden Chambers, 21st May 2020

Source: www.parklaneplowden.co.uk

Fixed Costs: The Impact of Contributory Negligence on Trial Advocacy Fees – No. 5 Chambers

Posted June 2nd, 2020 in civil procedure rules, contribution, costs, negligence, news, road traffic by sally

‘CPR 45.29C sets out the amount of fixed costs payable in Fast Track claims where a claim no longer continues under the RTA Protocol. Where a claim is disposed of at trial, costs of £2,655.00 are payable, alongside 20% of the damages agreed or awarded and the relevant trial advocacy fee. The protocol for EL/PL claims works in a similar way. It is trite that where the claim settles at Court on the day listed for trial, the advocacy fee is still payable.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

When 52 is also 51 because 55. – Nearly Legal

‘An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z stay of part 55 possession claims.’

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Nearly Legal, 27th May 2020

Source: nearlylegal.co.uk

Rule committee urged to review disbursements in fixed-cost cases – Litigation Futures

‘The Supreme Court has called on the Civil Procedure Rules Committee to review the issue of whether disbursements should be payable separately in fixed-cost personal injury cases.’

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Litigation Futures, 21st May 2020

Source: www.litigationfutures.com